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Insurance Civil Remedies

Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

West Virginia Supreme Court: Bad Faith Claims Are Premature when the Insurer Is Providing a Defense

by Cozen O'Connor on

The West Virginia Supreme Court recently granted an insurer the extraordinary legal remedy of a writ of prohibition, awarding it an immediate dismissal of the insureds’ bad faith claims. State ex rel. Universal Underwriters...more

May a vindicated trustee be reimbursed personally from the trust estate even for those defense costs that were covered by his...

by Charles E. Rounds, Jr. on

As to whether the vindicated trustee’s claim against the trust estate for defense counsel’s fees should be offset by payments made to defense counsel by the trustee’s personal liability insurance carrier, at least one court...more

Texas Supreme Court Rules on Discoverability of an Insurer’s Attorney’s Fee Bills

by Cozen O'Connor on

Are an insurer’s attorney’s fee bills discoverable in first party claims? In In re Nat’l Lloyds Ins. Co., 2017 Tex. LEXIS 522 (Tex. 2017), the Texas Supreme Court considered this question in a hail MDL dispute and answered...more

Eastern District of California Dismisses Bad Faith Action, Where Misrepresentation Voids Policy

by Cozen O'Connor on

On June 6, 2017, the U.S. District Court for the Eastern District of California found, consistent with longstanding California precedent, that a material misrepresentation made in the course of a coverage investigation voids...more

Fifth Circuit Holds That SPD Was An Enforceable Plan Document Through Which The Administrator Could Properly Seek Reimbursement

by DeWitt Law, LLC on

In another victory for plan administrators seeking reimbursement under the terms of ERISA plans, in Rhea v. Alan Ritchey, Inc. Welfare Benefit Plan, No. 16-41032, 2017 U.S. App. LEXIS 9482 (5th Cir. May 30, 2017), the Fifth...more

Real Property & Title Insurance Update: Week Ending June 2, 2017

by Carlton Fields on

Real Property Update - Lease: where lessee transfers leasehold interest to third party, but retains easement in leased property, lessee transfers less than “entire interest” in property, and such sublease not tantamount to...more

Insurer fails to ensure it can recover losses from an insured employee

by Dentons on

Employees have an implied duty of care toward their employers to exercise reasonable care and skill when performing their duties. Where employees fail to act in this way, and it leads to a breach of contract, employers will...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: Released after 11:30 a.m. SC19568, SC19569 - Mayer v. Historic District Commission - The statutory grounds for aggrievement for zoning appeals do not apply to Historic...more

Insured May Bear the Consequences of Insurer’s Negligence

For decades, California courts have mandated that an insurer is obligated to accept a “reasonable” settlement demand within policy limits on behalf of its insured. If it fails to do so, it is liable for the entire judgment,...more

Eleventh Circuit Deems Voluntary Dismissal of a Coverage Action Sufficient to Award Attorneys’ Fees to a Policyholder as the...

by Carlton Fields on

In a recent unpublished opinion, the Eleventh Circuit issued a decision that should serve as a warning to insurers to be sure to resolve all issues before dismissing a coverage action, particularly when involved in the...more

Defence & Indemnity - An Analysis of Insurance Case Law and Legislation - April 2017

by Field Law on

I. INSURANCE ISSUES - A. The Alberta Court of Appeal reiterated that policies cover insured perils but not pre-existing deficiencies in the property that are not caused by the peril, but only discovered as a result of...more

Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder

by Carlton Fields on

The general rule regarding a party’s responsibility for legal fees in U.S. courts, known as the “American Rule,” provides that, barring a contrary contractual obligation or statute, each party is responsible for its own legal...more

Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy...

by Cozen O'Connor on

The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy...more

Trial Court Committed Error in Excluding Evidence of Future Affordable Care Act Benefits in Medical Malpractice Case

by Low, Ball & Lynch on

Cuevas v. Contra Costa County - First Appellate District, Division One (April 27, 2017) - In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance...more

UK: Damages for late payment of insurance claims - comes into force today

by Hogan Lovells on

From today, insurers in the UK will be required to pay valid insurance claims within a reasonable time and may be hit with damages claims from insureds, if they fail to do so. ...more

Damages for Late Payment of Insurance Claims - Enterprise Act 2016

by Dechert LLP on

At present there is no right to damages if an insurer in the UK takes an unreasonable period to settle a claim. Late payment of claims can create genuine hardship for an insured. This could all be set to change from 4 May...more

Washington Supreme Court Applies Efficient Proximate Cause Test to Pollution Exclusion

In its recent decision in Xia v. ProBuilders Specialty Ins. Co. RRG, 2017 Wash. LEXIS 443 (Wash. Apr. 27, 2017), the Supreme Court of Washington had occasion to address the concept of efficient proximate cause as it relates...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19651 - Southwest Appraisal Group, LLC v. Administrator, Unemployment Compensation Act - Appellate Court Advance Release Opinions: AC38279 - Al Dente, LLC v....more

Time Is Money: A Remedy for Delay in Settlement of Commercial Insurance Claims in the UK?

by Jones Day on

Section 13A of the Insurance Act 2015 ("Section 13A") implies a term into insurance policies issued or varied after that date that requires insurers to settle claim sums due within a "reasonable time". This new provision...more

Unemployment Benefits Do Not Factor Into Damages Calculations in Employment Discrimination Lawsuits

A recent New Jersey Appellate Division opinion now makes it explicitly clear that unemployment benefits cannot be deducted from back pay damages in employment discrimination cases under the New Jersey Law Against...more

The Supreme Court - April 18, 2017

by Dorsey & Whitney LLP on

Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149: The Office of Personnel Management (“OPM”) is authorized under the Federal Employees Health Benefits Act of 1959 (“FEHBA”), 5 U.S.C. §8901 et seq., to contract...more

Texas Supreme Court Clarifies The “Independent Injury Rule”

by Strasburger & Price, LLP on

When can an insured recover policy benefits as damages under the Insurance Code, potentially trebling what would otherwise be ordinary contract damages? That question, which has divided Texas insurance lawyers for more than a...more

A Stitch in Time Saves … An Insured From Incurring Non-Covered Defense Costs

by Carlton Fields on

Timely notice is typically a condition precedent to coverage under an insurance contract, though many states require an insurer to demonstrate prejudice before denying coverage solely based on a failure to comply with a...more

California Appellate Court Holds D&O Insurer Must Pay Cost of Insured’s Appeal Despite Criminal Conviction

In Stein v. Axis Ins. Co., No. B265069, 2017 Cal. App. Unpub. LEXIS 1628 (Ct. App. Mar. 8, 2017), the Second District California Court of Appeal had occasion to consider whether a criminal conviction is a “final adjudication”...more

Eleventh Circuit Finds No Coverage for Contempt Proceedings under Lloyd's Professional Liability Insurance Policy

by Goulston & Storrs PC on

In Jones, Foster, Johnston & Stubbs, P.A. v. Prosight-Syndicate 1110 at Lloyd’s, United States No. 15-12399, 2017 WL 586450 (11th Cir., February 14, 2017) the insured law firm sought to recover legal fees and costs incurred...more

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